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Biotech / Medical : Biotech Valuation

CRSP 54.84

+0.2%

3:59 PM EST

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To: Doc Bones who wrote (14173)	11/17/2004 11:12:49 AM
From: Michael Young	Read Replies (1) of 52153

<<Judge Blake last year dismissed five suits against the wireless-phone industry that tried to force the companies to provide consumers with headsets to reduce exposure to radiation. She found that federal regulation of the industry pre-empted any court actions that would question a regulatory agency's judgment of safety. The Food and Drug Administration regulates pharmaceutical products and allowed Vioxx to be marketed amid questions of increased cardiovascular risk. If Judge Blake were to take a similar tack in the Vioxx cases -- ruling that the FDA's judgments on safety pre-empts any lawsuit's attempt to show otherwise -- the cases could be dismissed before going to a jury, according to Prof. Logan.>> This is the biggest hope for MRK, and it would be a huge victory if they should prevail on this issue. The Bush administration has been pushing the idea that FDA approval is a bar to drug liability suits. Although there would still be an exception if the plaintiffs prove that MRK withheld information from the FDA, which is quite possible in this instance. MIKE

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